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B-195349 1 (1980-01-10)

handle is hein.gao/gaobadhwk0001 and id is 1 raw text is: 



                          \ THE  COMPTROLLER GENERAL
    DECISION      .         OF  THE UNITED STATES
                            WASHINGTON, D.C. 20.54a



    FILE: B-195349                DATE: January 10, 1980

    MATTER  OF:C  lonel Arthur W. Hyland, USAF, Retired
                Major Harry R. Park, USAF, Retired

    DIGEST: 1.  Under the Survivor Benefit Plan (SBP)
                where a member, married at the time
                of retirement ex in the case of a member
                who retired before the effective date of
                the SBP, was married prior to March 21,
                1974,and  initially elects coverage for
                that spouse, divorces that spouse and
                later remarries that former spouse, such
                spouse on remarriage is exempt from the
                1-year waiting period before becoming
                an eligible beneficiary. Thus, further
                reduction in retired pay for such cover-
                age begins on the first of the month
                after remarriage, unless remarriage was
                the first of the month. See 57 Comp.
                Gen. 847 (1978).

            2.  Under the Survivor Benefit Plan, where a
                member not married at the time of initial
                election into the Plan, but who marries
                thereafter and elects coverage for that
                spouse, divorces that spouse, and later
                remarries that former spouse, such spouse
                would not qualify as an eligible spouse
                beneficiary until the first anniversary
                of the remarriage or the date such spouse
                becomes the parent of issue by the
                remarriage. Thus, further reduction in
                retired pay for such coverage begins on
                the first of the month after occurrence
                of the earlier of those events unless the
                event occurred on the first of the month.
                See 57 Comp. Gen. 847 (1978).

     This action is in response to a request for advance
decision from the Air Force Account' g and Finance Center
on several questions concerning thegurvivor Renefit  1  _
(SBP), 10 U.S.C. 1447-1455, involving th  roper incep-
tion date of spouse coverage on remarriage and thus the
effective date for reduction in retired pay. Specific

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